Copyright Law: What the Practitioner Needs to Know


Live Broadcast on September 14, 2016

This course covers the fundamentals of what a lawyer needs to know to identify, register and make claims to copyrighted materials, how to identify and negotiate deals involving copyrightable subject matter, and how to deal with the U.S. Copyright Office with respect to licenses, assignments and pre-litigation practice. Attendees will learn practice procedures related to cease and desist letters and DMCA takedown notices. We will also discuss how to manage client expectations before pursuing a copyright claim in court and how to assess the all-important question of whether statutory damages or attorneys’ fees will be available. Related professional ethics are covered for each topic. Whether you are tackling basic copyright issues for the first time or are an advanced practitioner seeking fresh ways to look at the ever-changing legal landscape in light of recent case law developments, this practice-oriented course offers value for you.

This course is co-sponsored by the Federal Bar Association.

Key topics to be discussed:

  • Principles of Copyright Law
  • Registering, Supplementing and Correcting Copyright Claims
  • The Logistics of the Copyright Lifecycle
  • License Agreements: What the Dealmaker Needs to Know
  • Work For Hire Agreements
  • Legal Ethics: Investigation and Attorneys’ Fees
  • Cease and Desist Letters and Takedown Notices
  • Ownership or License Litigation
  • Copyright Infringement
  • Motions, Trials, Hearings, Settlements

Date / Time: September 14, 2016

  • 2:00 pm – 6:30 pm Eastern
  • 1:00 pm – 5:30 pm Central
  • 12:00 pm – 4:30 pm Mountain
  • 11:00 am – 3:30 pm Pacific

Choose a format:

  • Live Video Broadcast/Re-Broadcast: Watch Program “live” in real-time, must sign-in and watch program on date and time set above. May ask questions during presentation via chat box. Qualifies for “live” CLE credit.
  • On-Demand Video: Access CLE 24/7 via on-demand library and watch program anytime. Qualifies for self-study CLE credit. On-demand versions are made available 7 business days after the original recording date.



raymondDowd2Raymond J. Dowd, Esq. is a partner in the law firm of Dunnington, Bartholow & Miller LLP in New York City. He authors Copyright Litigation Handbook (West 9th Ed. 2015-2016)(updated annually–Click here to learn more.). He serves on the Board of Governors of the National Arts Club and the Board of Directors of the Federal Bar Association, having served as General Counsel (2011-2012), Vice President for the Second Circuit (2008-2013), and President of the Southern District of New York Chapter (2006-2008), and on the Editorial Board of The Federal Lawyer (2009-2011) and the FBA Government Relations Committee (2010-2013). From 2013-2014, Mr. Dowd served as President of Network of Bar Leaders, a coalition of more than fifty bar associations in the New York metropolitan area. He served on the Planning Committee for the 2014 Second Circuit Judicial Conference Cybersecurity in an Age of Cyberterrorism.

Mr. Dowd’s practice concentrates on federal and state trial and appellate litigation, arbitration and mediation with an emphasis on licensing transactions and disputes. He has served as lead trial counsel in notable cases involving art law, copyrights, trademarks, cybersquatting, privacy, insurance, trusts and decedents’ estates, licensing, and corporate and real estate transactions. He has litigated questions of Austrian, Canadian, French, German, Italian, Russian and Swiss law and handled contentious matters in Surrogate’s Court, such as Matter of Flamenbaum, 2013 NY Slip Op 07510 (Nov. 14, 2013), which recovered an ancient Assyrian tablet for the Pergamon Museum in Berlin.

Mr. Dowd has lectured on copyright litigation before the New York State Bar Association, the American Bar Association and the Copyright Society of the U.S.A. His lectures on Nazi art looting include the following groups: 2009 Prague Conference on Holocaust-Era Assets, Jewish Museum (Berlin), Yad Vashem (Jerusalem), Pennsylvania Academy of the Fine Arts, San Francisco War Memorial, Sorbonne (Paris), and many chapters of the FBA. He co-founded the annual Art Litigation and Dispute Resolution Institute at the New York County Lawyers’ Association. Mr. Dowd is an ardent supporter of efforts to restore the wild oyster population to U.S. estuaries and to encourage sustainable aquaculture.

Mr. Dowd is a graduate of Manhattan College (B.A. International Studies cum laude 1986) and Fordham Law School (1991), Fordham International Law Journal (Articles Editor). He speaks French and Italian and is admitted to practice in New York and to the Southern and Eastern Districts of New York, the U.S. Tax Court, and the First, Second, Fifth, Seventh, Ninth, and Tenth Circuit Courts of Appeals.

a_zablockiAlexandra M. Zablocki is a paralegal at the law firm of Dunnington, Bartholow & Miller LLP in New York City. She has extensive experience with registering and maintaining trademarks and copyrights as well as in connection with litigations arising out of intellectual property matters.

Ms. Zablocki received her undergraduate degree from the University of Pennsylvania, where she majored in Economics and Classical Studies. She is an active member of the Penn Club of New York and volunteers regularly with the Pajama Program, an organization devoted to promoting literacy and comforting bedtime routines for underprivileged children.

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Section I. Principles of Copyright Law
a) Scope and Subject Matter of Copyright Protection
        i. U.S. Constitution
        ii. The Copyright Act 17 U.S.C. 101 et seq.
        iii. Digital Millennium Copyright Act (“DMCA”)
        iv. Visual Artists Rights Act (“VARA”)
        v. Original Works of Authorship
        vi. Examples of literary, audiovisual, musical, software and other works
b) Distinguishing Copyright from Other Forms of Intellectual Property
        i. Patents
        ii. Trademarks & Trade Dress
        iii. Trade Secrets
c) Who Owns the Copyright?
        i. Authors
        ii. Works for Hire
        iii. Joint Authorship
d) Exclusive Rights Granted under the Copyright Act 17 U.S.C. 101 et seq.
e) Moral Rights
f) International Copyright Protection: The Berne Convention

Section II. Registering, Supplementing and Correcting Copyright Claims

a) The U.S. Copyright Office
b) FAQs & Compendium III
c) Registration Process
d) Deposit Materials
e) Why Register? 
        i. Statutory Damages
        ii. Attorneys’ fees
        iii. Priority of Ownership & Secured Transactions
f) Supplementation and Correction
g) Special Handling

Section III. The Logistics of the Copyright Lifecycle
a) Ownership and Joint Ownership
c) Renewal
d) Transfers
e) Termination

Section IV. License Agreements: What the Dealmaker Needs to Know
a) Terms of the License
b) Effects of Termination
c) License Fee Models
d) Audit/Revenue Reporting
e) Representations & Warranties
f) Indemnifications
g) Protection of Intellectual Property
h) End User License Agreements (“EULAs”)

Section V. Work For Hire Agreements
a) Elements
b) Effect

Section VI. Legal Ethics: Investigation and Attorneys’ Fees
a) Rule 11 Sanctions
b) Attorneys’ Fees to Prevailing Party
c) Pre-Litigation Investigations

Section VII. Cease and Desist Letters and Takedown Notices
a) Pitfalls of Cease and Desist Letters
b) First-to-File Rule
c) Declaratory Judgment Actions
d) Elements of Takedown Notices
e) Risks of Communications to Third Parties

Section VIII. Ownership or License Litigation
a) State or Federal Court?
b) Removal for Federal Questions
c) Statutes of Limitations
d) Attorneys’ Fees

Section IX. Copyright Infringement
a) Elements of Copyright Infringement
b) The Existence of Exclusive Rights
c) Statute of Limitations
d) DMCA: Copyright Infringement on the Internet
e) User-Generated Content
f) Proving Access
g) Similarity to Copyrighted Work
h) First-Sale Doctrine – The Recent SCOTUS Cases
i) Laches
j) Fair Use

Section X. Motions, Trials, Hearings, Settlements
a) Preliminary and Permanent Injunctions and Other Remedies
b) Motions to Dismiss
c) Motions for Summary Judgment
d) Discovery – Collecting Evidence
e) Jury Trials & Instructions
f) Pre-Trial Order
g) Statutory Damages
h) Calculating Actual Damages
i) Using Expert Witnesses
j) Seeking Declaratory Judgment
k) Settlement Negotiations
l) Prevailing Party and Attorneys’ Fees